Guide to Vietnamese Labor Law for the Garment Industry (Second Edition) Copyright © International Labour Organization (ILO) and International Finance Corporation (IFC) 2014 Second published 2014 Publications of the ILO enjoy copyright under Protocol of the Universal Copyright Convention Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated For rights of reproduction or translation, application should be made to the ILO, acting on behalf of both organizations: ILO Publica- tions (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ ilo.org The IFC and ILO welcome such applications Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose Visit www.ifrro.org to find the reproduction rights organization in your country ILO Cataloguing in Publication Data Guide to Vietnamese labour law for the garment industry / International Labour Office = HƯỚNG DẪN LUẬT LAO ĐỘNG CHO NGÀNH MAY - Geneva: ILO, 2014 v ISBN: 9789220242490 (print); 9789220242506 (web pdf ) International Labour Office clothing industry / labour legislation / comment / minimum age / trade union / collective agreement / labour dispute / sex discrimination / forced labour / wages / labour contract / employment / occupational health / occupational safety / hours of work / Viet Nam 08.09.3 ILO Cataloguing in Publication Data The designations employed in this, which are in conformity with United Nations practice, and the presentation of material therein not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or ILO, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our website: www.ilo.org/publns Printed by Beter Work Vietnam FUNDING Beter Work Vietnam is a partnership between the International Labour Organization (ILO) and the International Finance Corporation (IFC) The Vietnam program is currently funded by Netherlands Ministry of Foreign Afairs, the Australian Government, the Irish Aid, the State Secretariat for Economic Afairs, Switzerland (SECO) Funding for additional activities is provided by Employment and Social Development Canada (ESDC) and the United States Department of Labor (USDOL) ACKNOWLEDGEMENTS Beter Work Vietnam would like to express its thanks to Mr Nguyen Van Tien, Chief Inspector of Ministry of Labour (MOLISA), and Mr Nguyen Tien Tung, Deputy Chief Inspector of MOLISA, for their expert advice and detailed comments on the Guide and for their assistance with the publication process Edited by Nguyen Hong Ha, Programme Manager, Beter Work Vietnam Juliet Edington, Buyer Relations and Quality Assurance, Beter Work Global Nguyen Thi My Dung, Enterprise Advisor Team Leader, Beter Work Vietnam Le Thanh Phong, Enterprise Advisor, Beter Work Vietnam Hoang Thanh Nga, Enterprise Advisor, Beter Work Vietnam Julian Medrano, Independent Consultant Layout Mach Nhu Tien, Programme Assistant, Beter Work Vietnam Beter Work Vietnam 149B Truong Dinh, Ward 9, District 3, Ho Chi Minh, Vietnam Tel: (+84 8) 39350363, Fax: (+84 8) 39350362 Email: vietnam@beterwork.org, Website: www.beterwork.org/vietnam Guide to Vietnamese Labour Law for the Garment Industry Second edition, published in 2014 PREFACE Beter Work Vietnam is a partnership program between the International Labor Organization (ILO) and International Finance Corporation (IFC) The program began conducting assessment and advisory services in December 2009 The purpose of this program is to promote competitiveness in Vietnam’s garment industry by enhancing economic performance at the enterprise level and improving compliance with Vietnam labor law, and international conventions on Fundamental Principles and Rights at work The program is consulted and supervised by the Project Advisory Commitee (PAC), including representatives of the Ministry of Labor, Invalids and Social Afairs (MOLISA), Vietnam Chamber of Commerce and Industry (VCCI), and Vietnam General Confederation of Labor (VGCL) The Beter Work program builds a mechanism for dialogue and efective workplace cooperation as a basis for sustainable development To achieve this, employers and employees must have full knowledge of their rights and responsibilities regulated by law Therefore, the dissemination of labor legislation to relevant stakeholders is indispensable Since the new Labor Code, efective in May 2013, Beter Work Vietnam has updated Labour Law Guide which incorporates the new labor code with the aim to provide new legal information in an easily-understandable way for diferent readers We hope this second publication will be an efective contribution for building social compliance, harmonious labor relations, friendly working environments, and ofer benefits to enterprises as well as to society March 2014 Chief Inspector of Ministry of Labor, Invalids and Social Afairs Nguyen Van Tien FOREWORD Beter Work Vietnam has updated its 2011 Labour Law Guide to ref revisions to nati law The Guide has proved a useful tool in helping employers, workers, internati buyers and other stakeholders beter understand the rights of responsibiliti set out in Vietnamese labour law The original Guide has been updated to ref the changes to the Labour Code and Trade Union law efecti e in 2013 (as well as subsequent implementati decrees) In order to ensure the Guide remains permanently up-to-date it is now produced as an easy-to-use and searchable on-line resource which will be updated every quarter to ref ct new laws and guidance For each subject area the key elements of the laws are explained in simple easy-tounder- stand non-technical language The Guide covers all major areas of Vietnam labour law as covered in the Labour Code, laws on Trade Unions and Social Insurance, governmental regulati internati labour standards that have been ratifi d by Vietnam, and the Vietnamese Constituti While the Guide ref the standards set by nati law, in relati to fundamental rights at work (freedom of associati and collecti e bargaining, the eliminati of forced labour, the aboliti of child labour, and the eliminati of employment discriminati Beter Work assesses factories against compliance with internati standards (which vary from this Guide where nati law is diferent) Beter Work is pleased with the on-going support with the Vietnamese Government in producing this Guide We hope it will conti to be a useful tool in helping meet labour standards and creati decent work opportuniti s in Vietnam Gyorgy Janos Sziraczki Director ILO Office Vietnam Table of Contents MINIMUM WORKING AGE 1.1 1.2 1.3 Definitions Protecting young employees Documentation for young employees TRADE UNION 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Establishment of a Trade Union Rights and responsibilities of a Trade Union Assurances for Trade Union activities Grassroots-level Trade Union representatives’ rights Employer responsibilities Trade Union funds Regulations on management of union fund COLLECTIVE BARGAINING AGREEMENT (CBA) 3.1 3.2 3.3 3.4 3.5 Definitions Contents of a CBA CBA registration procedures Duration of a CBA Employers’ obligations in negotiating CBAs LABOUR DISPUTES 4.1 4.2 4.3 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3.8 Individual labour disputes Collective labour disputes Strikes Definitions Organizing strikes Trade Union’s rights Employers’ rights Employees’ rights Prohibited actions (before, during and afer a strike) Illegal strikes Consequences of illegal strikes DISCRIMINATION 5.1 5.2 5.3 5.4 Race, religion and political opinions Gender and marital status Disabilities HIV/AIDS FORCED LABOR 6.1 6.2 6.3 Definitions Coercion Understanding forced labor and overtime 15 15 15 16 17 17 17 18 18 19 20 20 21 21 21 21 21 21 22 22 22 22 22 22 22 23 23 23 24 24 25 25 25 25 25 26 26 26 26 7 WAGE AND BENEFITS 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.9.1 7.9.2 7.10 7.11 7.12 7.13 7.13.1 7.13.2 7.13.3 7.13.4 7.13.5 7.14 Wages Minimum wages Wages scales and tables Methods of payment Wage delivery Wage deductions Probation, apprentice and temporary worker wages Payment for downtime Overtime wages and night work allowances Calculating overtime Night work allowances Bonuses Allowances, wage grades and salary increases Social, health and unemployment insurance Paid leave Public holidays Anuual leave Pay for unused annual leave Personal leave with pay Sick leave Unpaid personal leave CONTRACTS AND HUMAN RESOURCES 8.1 8.2 8.3 8.4 8.5 8.5.1 8.5.2 8.5.3 8.6 8.6.1 8.6.2 8.6.2.1 8.6.2.2 8.6.2.3 8.6.2.4 8.6.3 8.6.4 Recruitment Probationary periods Apprentices Leased workers Employment contracts Temporary labor Extended employment contracts Temporary job transfer Termination of employment contracts Cases of termination Unilateral termination Lawful unilateral termination Prior notice Employer procedures for contract non-renewal or termination Unlawful unilateral termination Required allowances and compensation for terminating contracts Severance allowance and job loss allowance 27 27 27 27 28 29 29 29 29 30 30 31 32 32 32 33 33 33 34 34 34 35 36 36 36 36 37 37 38 38 38 39 39 39 39 40 40 40 41 42 8.7 Internal regulation 42 8.8 8.8.1 8.8.2 8.8.3 8.8.4 8.8.5 8.8.6 8.9 8.9.1 8.9.2 Discipline Types of discipline Conditions for dismissal Regulations for disciplinary action Circumstances excluding disciplinary procedures Setting disciplinary issues Material liability Implementing grassroots democracy at workplace Issues under democracy Democratic platorms 42 42 43 43 43 44 44 44 44 45 OCCUPATIONAL SAFETY AND HEALTH (OSH) 9.1 9.2 9.3 9.3.1 9.3.2 9.4 9.5 9.5.1 9.5.2 9.5.3 9.6 9.7 9.8 9.9 9.9.1 9.9.2 9.10 9.11 9.11.1 9.11.2 9.11.3 9.11.4 9.11.5 9.11.6 9.11.7 9.11.8 9.11.9 General OSH OSH Training OSH council Health and safety officers Occupational health and safety collaborators network Health and safety regulations Health care and first aid Health facilities First aid kits Periodical health examinations Facility requirements Noise, air quality, temperature and lighting Weights and measures Personal Protective Equipment (PPE) Tasks requiring PPE Personal Protective Equipment (PPE) for garment industry Machine safety Fire safety Fire training, drills and evacuation Internal regulation on preventing and fighting fires Evacuation maps Signboards and instructional boards Emergency exits Requirement for Exit signs Emergency lights Fire hoses Fire alarm systems 46 46 46 47 47 47 47 48 48 48 48 49 49 49 50 50 50 50 51 51 51 51 52 52 52 52 53 53 11 9.11.10 Fire extinguishers 53 9.12 9.13 9.13.1 9.13.2 9.13.3 9.14 9.14.1 9.14.2 9.14.3 9.14.4 9.14.5 9.14.6 9.14.7 9.14.8 9.15 9.16 9.17 9.18 9.19 9.19.1 9.19.2 9.19.3 9.20 55 55 55 55 55 56 56 56 57 57 57 58 58 58 58 59 59 59 60 60 60 61 61 Electrical safety Chemicals Definition Requirements for enterprises Responsibilities for ensuring chemical safety Hazardous chemicals Definition Chemical safety sheets for dangerous substances/Material Safety Data Sheet (MSDS) Labeling Packages, barrels and tanks used for hazardous chemicals Storing hazardous chemicals Disposal of hazardous chemicals Training for workers at rish of exposure to hazardous chemicals Obligations of enterprises Dormitories Drinking water Dining and kitchen facilities - sanitation and hygiene Annual inspections of working environments Work related accidents Duties of employers Subsidies and compensation (employer) Social insurance agency responsibilities Regulations for reporting labor accidients 10 WORKING HOURS AND REST TIME 10.1 10.2 10.2.1 10.2.2 10.3 10.4 10.5 10.5.1 10.5.2 Regular hours Rest time Weekly rest days Paid breaks Overtime Night shifts Female employees Special work and rest time conditions Maternity leave 62 62 62 62 62 62 63 63 63 63 11 10 WORKING HOURS AND REST TIME 10.1 REGULAR HOURS Maximum hours Per day Per week Regular employees 10 hours 48 hours Pregnant employees doing hazardous work reaching months of pregnancy, mothers nursing children under 12 months of age, elderly and employees with disabilities hours 42 hours Young workers hours 40 hours 10.2 LABOR CODE, ARTICLE REST TIME 10.2.1 WEEKLY REST DAYS • Employees are entitled to have one day of per week (24 consecutive hours) on a Sunday or another specified day LUẬT LAO ĐỘNG, ĐIỀU 110 • The weekly day of must be stated in Internal Regulations and in the Collective Bargaining Agreement • If an employee decides to work overtime on their weekly rest day in a particular week, then the employer must ensure that the employee has at least days of during the calendar month 10.2.2 PAID BREAKS LABOR CODE, ARTICLE 108 The following requirements apply to paid breaks: Working time or type of shift Break ti consecutive hours of work 30 minutes More than hours of overtime 30 minutes During night shifs with or more consecutive hours 45 minutes DECREE 45/2013/NĐ-CP, ARTICLE CLAUSE CIRCULAR 15/2003/TT- BLĐTBXH, SECTION II CLAUSE 1.2 Illegal Practi e: Starlight Factory arranged for employees to work overti from 4:30 - 8:30pm The factory allowed for a 30 minute dinner break, but did not calculate it as part of the overti working hours Breaks during overti must be paid as overti In this case, the 30 minute dinner break should be calculated as overti 10.3 OVERTIME CODE, ARTICLE 69 Overtime work is permited based on agreement but must not exceed the fol-LABOR lowing limits: DECREE 109/2002/NĐ-CP, ARTICLE CLAUSE CIRCULAR 15/2003/TT- BLĐTBXH, SECTION II CLAUSE Hazardous work Type Normal conditi n (including garment) Per day 50% of standard hours (5 hours) Per weekly rest day or holiday 12 hours 12 hours 79 Per month 30 hours 30 hours Per year 200 hours 300 hours 80 10.4 NIGHT SHIFTS LABOR CODE, ARTICLE 105 Night work is defined as work between 10pm to 6am 10.5 FEMALE EMPLOYEES 10.5.1 SPECIAL WORK AND REST TIME CONDITIONS Female employees are entitled to additional paid time of as follows: Type Hazardous hours (including garment) During menstruation (monthly period) 30 minutes/day During the seventh month of pregnancy or when nursing a child under 12 months of age 60 minutes/day 10.5.2 LABOR CODE, ARTICLE 155 Note: It is forbidden for female employees who are or more months pregnant or nursing a child under 12 months of age, to work overtime at night, or in remote locations MATERNITY BENEFITS LABOR CODE, ARTICLE 157 Type Permited Leave times Pre-natalLAW, (pregnancy) SOCIAL INSURANCE ARTICLE 27 –535 & 37 examination (1 time = day) In the case of miscarriage, aborti or sti 10 – 50 days depending on the age of the fetus If a newborn child dies - 90 days if the child is under 60 days of age - 30 days if the child is 60 days or older Details - Paid by social insurance agency based on full salary - The employee and employer are not required to pay SI premiums When taking contracepti e measures – 15 days depending on the kind of contraceptive measures Infant adopti Until the child is four months old - Paid by social insurance agency based on full salary - months - The employee and employer are not required to pay SI premiums during the period of maternity leave Sinh non Recovering or convalescent afer confi ment - If twins or more children: there is an additional en- titlement of month for each additional infant – 15 days in a year - Lump-sum allowance: months of general minimum salary for each child 25% or 40% general minimum salary Note: Female employees are only entitled to the above benefts if they contributed to the insurance scheme for at least months or more Example: Maternity allow- ance Ms Phan Thi B has worked as a regular e Duratifor maternity leave is months fro 2014 One of allowance (paid by SI agency): (general minimum wage) x months = 2,3 tract wage) x months = 16,200,000 VN APPENDICES APPENDIX 1: REGION BASED MINIMUM WGAES (SECTION 7.2) Regulations on the regions for minimum wages applied from 01/01/2014 Regions Locati I - Urban districts and Gia Lam, Dong Anh, Soc Son, Thanh Tri, Tu Liem, Thuong Tin, Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, Chuong My rural districts and Son Tay town of Hanoi City; - Urban districts and Thuy Nguyen, An Duong, An Lao, Vinh Bao rural districts of Hai Phong City; - Urban districts and Cu Chi, Hoc Mon, Binh Chanh, Nha Be rural districts of Ho Chi Minh City; - Bien Hoa City and Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom rural districts of Dong Nai province; - Thu Dau Mot city, Thuan An, Di An towns, and Ben Cat, Tan Uyen rural districts of Binh Duong province; - Vung Tau City of Ba Ria – Vung Tau province II - The remaining rural districts of Hanoi City; - The remaining rural districts of Hai Phong City; - Hai Dung City of Hai Duong province; - Hung Yen City and My Hao, Van Lam, Van Giang, Yen My rural districts of Hung Yen province; - Vinh Yen City, Phuc Yen town and Binh Xuyen, Yen Lac rural districts of Vinh Phuc province; - Bac Ninh City, Tu Son town and Que Vo, Tien Du, Yen Phong, Thuan Thanh rural districts of Bac Ninh province; - Ha Long, Mong Cai Cities of Quang Ninh province; - Thai Nguyen City of Thai Nguyen province; - Viet Tri City of Phu Tho province; - Lao Cai City of Lao Cai province; - Ninh Binh City of Ninh Binh province; - Hue City of Thua Thien Hue province; - Urban and rural districts of Da Nang City; - Nha Trang, Cam Ranh cities of Khanh Hoa province; - Da Lat, Bao Loc cities of Lam Dong province; - Phan Thiet City of Binh Thuan province; - Can Gio rural districts of Ho Chi Minh City; - Long Khanh town and Dinh Quan, Xuan Loc rural district of Dong Nai province; - Phu Giao, Dau Tieng rural district of Binh Duong province; - Chon Thanh rural district of Binh Phuoc province; - Ba Ria City and Tan Thanh rural district of Ba Ria – Vung Tau province; - Tan An City and Duc Hoa, Ben Luc, Can Duoc, Can Giuoc rural districts of Long An province; - My Tho City of Tien Giang province; - Urban districts of Can Tho City; - Rach Gia City of Kien Giang province; - Long Xuyen City of An Giang province; - Ca Mau City of Ca Mau province III - The remaining centrally-affiliated cities (except those of region I and region II); - Chi Linh town and Cam Giang, Nam Sach, Kim Thanh, Kinh Mon, Gia Loc, Binh Giang, Tu Ky rural districts of Hai Duong province; - Vinh Tuong, Tam Dao, Tam Duong, Lap Thach, Song Lo rural districts of Vinh Phuc province; Regions Locati III -Phu Tho town and Phu Ninh, Lam Thao, Thanh Ba, Tam Nong rural district of Phu Tho province; -Gia Binh, Luong Tai rural districts of Bac Ninh province; - Viet Yen, Yen Dung, Hiep Hoa, Tan Yen, Lang Giang rural districts of Bac Giang province; -Hoanh Bo, Dong Trieu rural districts of Quang Ninh province; -Bao Thang, Sa Pa rural districts of Lao Cai province; -The remaining rural districts of Hung Yen province; -Song Cong town and Pho Yen, Phu Binh, Phu Luong, Dong Hy, Dai Tu rural districts of Thai Nguyen province; -My Loc rural district of Nam Dinh province; -Duy Tien, Kim Bang rural districts of Ha Nam province; - Tam Diep town and Gia Vien, Yen Khanh, Hoa Lu rural districts of Ninh Binh province; -Bim Son town and Tinh Gia rural district of Thanh Hoa province; -Ky Anh rural district of Ha Tinh province; -Huong Thuy, Huong Tra towns and Phu Loc, Phong Dien, Quang Dien, Phu Vang rural districts of Thua Thien Hua province; - Dien Ban, Dai Loc, Duy Xuyen, Nui Thanh rural districts of Quang Nam province; -Binh Son, Son Tinh rural districts of Quang Ngai province; -Song Cau town of Phu Yen province; -Ninh Hai, Thuan Bac rural districts of Ninh Thuan province; - Ninh Hoa town and Cam Lam, Dien Khanh, Van Ninh rural districts of Khanh Hoa province; -Dak Ha rural district of Kon Tum province; -Duc Trong, Di Linh rural district of Lam Dong province; - La Gi town and Ham Thuan Bac, Ham Thuan Nam rural district of Binh Thuan province; -Trang Bang, Go Dau rural districts of Tay Ninh province; - Dong Xoai, Phuoc Long, Binh Long towns and Dong Phu, Hon Quan rural districts of Binh Phuoc province; -The remaining rural districts of Dong Nai province; - Long Dien, Dat Do, Xuyen Moc, Chau Duc, Con Dao rural district of Ba Ria - Vung Tau province; - Thu Thua, Duc Hue, Chau Thanh, Tan Tru, Thanh Hoa rural districts of Long An province; -Go Cong town and Chau Thanh rural district of Tien Giang province; -Chau Thanh rural district of Ben Tre province; -Binh Minh town and Long Ho rural district of Vinh Long province; - Rural districts of Can Tho City; - Ha Tien town and Kien Luong, Phu Quoc, Kien Hai, Giang Thanh, Chau Thanh rural districts of Kien Giang province; -Tan Chau town of An Giang province; -Nga Bay town and Chau Thanh, Chau Thanh A rural districts of Hau Giang province; -Nam Can, Cai Nuoc, U Minh, Tran Van Thoi rural districts of Ca Mau province IV Covering the remaining localities 65 APPENDIX 2: LIST OF DISEASES REQUIRING LONG-TERM TREATMENT (SECTION 7.13.5) • Types of Tuberculosis • Mental illness • Epilepsy • Chronic heart failure, chronic heart defects • Leprosy • Chronic Arthritis • Cancer • Other endocrine diseases • Cerebral Vascular accidents • War injuries • Specific surgical procedures 84 APPENDIX 3: PROCEDURES FOR UNILATERALLY TERMINATING A LABOR CONTRACT (SECTION 8.6.2.3) Employer wants to unilaterlly terminate a labor contract If employee agrees Termination of Labor Contract Inform employee If employee does not agree Resolve dispute through Labour MediatorsProcess to People’s Court APPENDIX 4: PROCEDURE FOR SETTLEMENT OF A COLLECTIVE DISPUTE (SECTION 4.2) Collective disputes Interest-based disputes Rights-based disputes District Labour Mediators District Labour Mediators All parties follow agreement n days mediatio working days Successful mediation Either party does not follow agreement Unsuccessful Labour Arbitration Council working days Disagree Either party does not follow agreement Unsuccessful mediation mediation Chairman of People’s Committee at district level Making Fail to decission resolve the dispute of dispue resolution All parties follow agreement working days Agree Successful mediationFollow agreement Unsuccessful mediation Successful setlement Either party does not follow agreement Initiate the proceduresInitiate to go the on strike procedures afer 3to days go when on strike a record afer 5ofdays unsuccessful when a record setlement of successful is madesetlement is made Process to People’s Court APPENDIX 5: PROCEDURE FOR A LAWFUL STRIKE (SECTION 4.3) Interest-based dispute: setlement of the Labour Arbitration Council Successful setlement bu either party does not follow agreement Unsuccessful setlement Afer days Afer days Organize Strike Non-unionized enterprises Unionized enterprises Must notify to the employer at least day in advance Trade Union Executive Commite (TUEC) solicites the opinions of the TUEC members and heads of production units ≤ 50% agree The immediate-upper level Trade Union solicites the opinions of head of production units or employees > 50% agree at least working days No strike The employer accepts the demands of the worker’s collective Send Strike Decision to the employer, provincial DOLISA and provincial FoL The employer does not accept the demands of the worker’s collective 87 APPENDIX 5: PROCEDURE FOR A LAWFUL STRIKE (SECTION 4.3) No strike 88 STRIKE 88 APPENDIX 6: REQUIRED OSH TRAINING CONTENT (SECTION 9.2) • Basic information on labor safety and hygiene • Purpose and importance of labor safety and hygiene • Rights and obligations of employers and employees in implementing the reglations on labor safety and hygiene • Internal rules on labor safety and hygiene • Working conditions and hazardous factors that could lead to accidents, dieases and potential preventative measures • Signboards and instructions boards at workplace • Measures that can be taken to address various problems and basic first aid for victims in cases of accidents • Applications, usage and preservation of personal protective equipment • Production characteristics, working procedures and regulations on labor safety and hygiene employees shall strictly follow at work • Workplace cooperation APPENDIX 7: OSH GOOD PRACTICE EXAMPLES CHEMICALS • Label chemicals with clear markings in Vietnamese • Post MSDS where chemicals are used • Conduct training for employees who work with chemicals • Provide employees with protective clothing, gloves, glasses and/or masks, and other necessary equipment CANTEEN • Keep food samples for 24 hours (for investigation in case of food poisoning) • Ensure that food is kept clean and is carefully covered • Ensure that food is cooked and prepared in sanitary conditions and that cooked food is not placed near raw ingredients which could cause contamination • Train canteen staf on food hygiene and safety MACHINES • Ensure that all sewing machines have needle guards • Install pulley guards and eye guards • Regularly check and register air compressors and boilers SANITATION • Repair broken toilets and toilet doors • Mark toilet doors for separate use of men and women • Provide a washing facility near toilets • Ensure adequate ventilation to reduce odors ELECTRICAL • Install internal covers • Provide insulated pads to avoid electrical shocks • Keep electrical wiring safe • Post safety signs on electrical switch boxes FIRE EXTINGUISHERS • Clear any obstructions • Provide visible and easily readable directions at the location of the • Ensure that operating instructions are in Vietnamese • Keep monthly records for inspection and ensure equipment is fully charged EMERGENCY EXITS • Ensure exit paths are clearly marked and at least > m in width • Ensure all routes are unobstructed • Ensure all foor surfaces are non-slip • Post clear signs for exit routes • Ensure exit doors are always unlocked, unobstructed and open outwards from the building EVACUATION MAPS Provide an evacuation plan clearly displayed in visible locations, for each working area, containing the following information: - Location of exit doors - Location of exit paths - Location of fire extinguishers - Location of alarms - Location of first aid kits - Location relevant to this evacuation plan (i.e ‘you are here’ markings) FIRST AID • Arrange regular health inspections • List first aid procedures • Ensure first aid kits are checked and contain all necessary equipment • Ensure kits are appropriately sized for the number of employees, clearly marked and easily accessible APPENDIX 8: FOREIGN EMPLOYEES HIRING FOREIGNERS Foreigners working in Vietnam must satisfy all of the following conditions: • Must be at least 18 years of age • Must be in good health to satisfy job requirements LABOR CODE, ARTICLE 169 & 172 DECREE 102/2013/NĐ-CP, ARTICLE • Must be a manager or an expert • Must not be sentenced to imprisonment or have any criminal liability • Must have work-permit except legally-allowed exceptions (stipulated in Article 172 of Labor Code) 92 APPLICATION PROCESS FOR WORK PERMITS FOR FOREIGNERS DECREE 102/2013/NĐ-CP, ARTICLE 10 CIRCULAR NO 80/2008/TT- BLĐTBXH No Items Application form No criminal record Curriculem Vitae Copies of Passport Copies of Certificates of Specialization Leter requiring the approval of foreign employee hiring by Provincial People’s Committee Chairman Health Certificate color photos (4x6cm) Remark Using template issued by Ministry of Labor Must be legalized and notarized For employer Leter requiring the issuance of a work permit Using template issued by Ministry of Labor Invoice for recruitment when using a labor agency The duration of work permit can be no longer than two (2) years ... skills, the factory has to train them for the f t few months of employment and the deposit ensures they will stay in the role for at least years If the employee leaves the job before this ti , the. .. e date is the date of the CBA’s signing • Starting months before the expiration of the CBA, the two parties may bargain to extend the duration of the CBA or enter into a new one • If the CBA expires... promotions for employees with HIV/AIDS and terminating an employee afer being notified of their HIV/AIDS status FORCED LABOR 6.1 DEFINITIONS LABOR CODE, The Labor law strictly forbids any form of forced